Judgment

K. MUKHERJEA J. : This appeal is directed against a judgment and decree of a Division Bench of the Madras High Court dated the 31st January 1950, reversing on appeal, those of the Subordinate Judge, Bapatla, passed in Original Suit No. 96 of 1944.

2. The suit, out of which the appeal arises was commenced by the infant plaintiff, now appellant before us, represented by his maternal uncle as next friend, for recovery of possession on partition, of a half share in the properties described in the schedule to the plaint on the allegation that they were the joint family properties of himself and his father, the defendant No. 1. In which he had an equal share with the latter. The plaintiff is admittedly the son of defendant No. 2, who is one of the legally married wives of defendant No. 1 but the latter denied that he was the father of the plaintiff and charged the plaintiffs mother with misconduct.

The defendant No. 3 in the suit, who is the other living wife of defendant No. 1 and has no issue of her own, is alleged to have developed illfeeling and jealousy towards the plaintiff and his mother and poisoned her husband s mind against them, so much so that the defendant No. 1 had a